Criminal Law - Theft – Benefit of Doubt – Contradictory Testimonies – Conviction Set Aside – Acquittal - The appellant was convicted for theft under Section 379, 34 of the IPC by the Trial Court – The High Court observed major contradictions in the prosecution’s case including inconsistencies in the number of bags involved, the manner of theft, and the sequence ...
Criminal Law - Motor Vehicle Accident – Rash and Negligent Driving – Sections 279 and 304(A) IPC – Conviction Set Aside – The accused was convicted by the Trial Court and the same was upheld by the First Appellate Court for allegedly causing death by rash and negligent driving – Held: Prosecution failed to establish rashness or negligence beyond reasonable doubt &ndas...
Criminal Law - Rash and Negligent Driving – Revision against conviction - Appreciation of Evidence – Conviction Set Aside – Petitioner convicted by Trial Court and Lower Appellate Court for causing death by rash and negligent driving – Revision filed challenging conviction – Held: Evidence of eyewitnesses P.W.3 and P.W.4 found unreliable as their presence at accident ...
Criminal Law – Quashing of FIR – Section 482 CrPC – Allegations of Rape – Sections 450, 506(i), 376(2)(f), 376(2)(l), and 376(2)(n) of the IPC - FIR and Charge Sheet Quashed – Petitioner, elder brother-in-law of the complainant, was accused of repeated sexual assault – Delay of over a year in lodging FIR, no disclosure of allegations in earlier FIR filed just 4 ...
Criminal Law – POCSO Act - Appeal Against Acquittal – Standard of Review – Presumption of Innocence – Appeal Dismissed - High Court reiterated that appellate interference in acquittal must rest on compelling reasons, particularly when trial court had evaluated the credibility of the victim and prosecution witnesses thoroughly – Held: No perversity or illegal...
Criminal Law - Murder – Section 302, 34 of the IPC - Acquittal of Co-accused – No Evidence of Prior Conspiracy – Trial Court Upheld – Appellate Court observed that prosecution failed to prove any common intention or criminal conspiracy among A-1, A-2, and A-3 with the deceased or other accused – CCTV footage did not indicate any overt or covert act linking them ...
Criminal Law – Murder - Sections 302, 307 and 34 of the Indian Penal Code (IPC) – Appeal Against Conviction - Delay in Lodging FIR – Incident at 7:30 a.m., FIR at 10:15 a.m. – Delay Explained – Delay Not Fatal – The prosecution established that the FIR was lodged promptly after the informant parted from the deceased and travelled to the police station 10 km away...
Criminal Law - Summoning of Additional Accused – Validity of Summons under Section 193 Cr.P.C. – Special Court Empowered – Petitioners were initially cited as witnesses but were summoned as accused after evaluation of the case record – Held: Summoning was within the jurisdiction of the Special Court and does not constitute second cognizance – Offence-based cognizance ...
Criminal Writ - Illegal Arrest – Grounds of Arrest Not Effectively Communicated – Violation of Article 22(1) – Petitioner alleged that accused was arrested without proper intimation of arrest grounds to relatives and in violation of constitutional rights – Held: Arrest must comply with Article 22(1), and grounds must be meaningfully conveyed – However, in present case...
Criminal Law – Framing of Charges – Prima Facie Case Under IPC – Not Under PC Act – Allegation that appellant inserted forged notes above Minister’s signature to avoid newspaper publication of tenders – CFSL confirmed handwriting match – PWD Minister denied issuing such instructions – Held: Prima facie case exists under Sections 409 and 468 IPC...